(a)

Authority. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the city council may, by ordinance, amend the zoning regulations of this chapter. All such amendments shall first be subject to the review and recommendation of the plan commission.

(b)

Initiation. An amendment to the zoning regulations may be initiated by the city council, plan commission, by recommendation of city staff to either of these two bodies, or by any member of the general public.

(c)

Application requirements for amendment to the zoning regulations. No application for amendment to the zoning regulations shall be placed on any agenda as an item to be acted upon unless the zoning administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the zoning administrator with the complete application certified by the zoning administrator, including an easily reproducible electronic copy plus hard copies in a quantity directed by the zoning administrator. Said complete application shall be comprised of all of the following:

(1)

A copy of the portion of the current provisions of this chapter that are proposed to be amended, with said provisions clearly indicated in a manner that is clearly reproducible with a photocopier.

(2)

A copy of the text that is proposed to replace the current text.

(3)

Written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the comprehensive plan.

(4)

Any required fee as stated in the city's fee schedule.

(d)

Zoning administrator review and recommendation.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the zoning administrator shall be entitled to a public hearing under subsection (f). The zoning administrator shall inform the applicant if the application is incomplete in his or her determination.

(2)

Once the zoning administrator determines the application is complete, the zoning administrator shall authorize a public hearing and prepare a written evaluation of the application based on the criteria for amending the zoning regulations in subsection (g). The zoning administrator shall forward a copy of the evaluation to the plan commission, city council, and applicant.

(e)

Notice of public hearing. Following acceptance of a complete application as determined by the zoning administrator, the city clerk shall schedule a public hearing before the plan commission, to be held within 45 days after acceptance of a complete application. Notice of the time, place, and purpose of such hearing shall be given by publication as a Class 2 Notice in conformance with the requirements of Wis. Stats. § 62.23(7)(d).

(f)

Public hearing and recommendation. The plan commission shall hold a public hearing on all proposed amendments to the zoning regulations. Following the public hearing, and after consideration of comments provided therein, the plan commission shall review the proposed amendments to the zoning regulations and shall within 45 days of the public hearing make a recommendation to the city council that the application be granted as requested, modified, or denied. If the plan commission fails to make a recommendation within this timeframe, the proposed amendment shall be forwarded to the city council without recommendation.

(g)

Review criteria for amendments to the zoning regulations. The plan commission and city council shall utilize the following criteria when reviewing each application to amend the text of this chapter:

(1)

Is the proposed text amendment consistent with the comprehensive plan?

(2)

Does the proposed text amendment further the purposes and intent of this chapter and the section to which the amendment is proposed?

(3)

Does the amendment address any of the following deficiencies or omissions as compared to the current language of this chapter?

a.

A change has occurred in the land market, or other factors have arisen that require a new form of development, a new type of land use, or a new procedure to meet said change(s).

b.

New methods of development or providing infrastructure make it necessary to alter this chapter to meet these new factors.

c.

Changing governmental finances require amending this chapter in order to meet the needs of the government in terms of providing and affording public services.

d.

There is an error or internal inconsistency in this chapter.

(4)

Does the proposed amendment maintain the desired compatibility with allowable land uses, land use intensities, and impact on resources of the affected zoning district(s)?

(h)

City council action. The city clerk shall schedule the proposed amendment for potential city council action. The city council shall within 120 days of submittal of a complete application act to approve or reject the proposed amendment, except if extended by written or electronic agreement from the applicant. Failure of the council to act within such timeframe (unless said deadline is extended by written agreement of the applicant) shall constitute disapproval of any complete application as presented.

(i)

Effect of denial. No application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the plan commission.

(j)

Fee. A fee may be required for this procedure, as set forth in the city's fee schedule.

(Ord. of 7-13-2021(1), § 1)

(a)

Authority. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the city council may, by ordinance, amend the official zoning map. Such amendments often called "rezonings" or "zoning map amendments," shall first be subject to the review and recommendation of the plan commission.

(b)

Initiation. An amendment to official zoning map may be initiated by any member of the city council or plan commission, by recommendation of city staff to either of these bodies, or by an application by the owner(s) of property proposed for rezoning.

(c)

Application for the amendment to the official zoning map. No application for amendment to the zoning map shall be placed on any agenda as an item to be acted upon unless the zoning administrator has certified acceptance of a complete application. Prior to publication of the required notice of public hearing, the applicant shall provide the zoning administrator with the complete application certified by the zoning administrator, including an easily reproducible electronic copy plus hard copies in a quantity directed by the zoning administrator. A complete application shall be comprised of all of the following:

(1)

A map with a graphic scale and a north arrow showing the entire subject property included in the proposed map amendment including lot boundaries and dimensions of the subject property, and all other lands within 100 feet of the boundaries of the subject property. Said map shall clearly indicate the current zoning of the subject property, and the current zoning of all property within 100 feet of the boundaries of the subject property.

(2)

A legal description of the subject property.

(3)

A map, such as the future land use map from the comprehensive plan, showing the generalized location of the subject property in relation to the city as a whole.

(4)

Written justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the comprehensive plan and other review criteria of this section.

(5)

Any required fee as stated in a fee schedule approved by the city council.

(d)

Zoning administrator review and recommendation.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. Only a complete application in the determination of the zoning administrator shall be entitled to a public hearing under subsection (f). The zoning administrator shall inform the applicant if the application is incomplete in his or her determination.

(2)

Once the zoning administrator determines the application is complete, the zoning administrator shall authorize a public hearing and prepare a written evaluation of the application based on the criteria for amending the official zoning map in subsection (g). The zoning administrator or designee shall forward a copy of the evaluation to the plan commission, city council, and applicant.

(e)

Notice of public hearing. Following acceptance of a complete application, the city clerk shall schedule a public hearing before the plan commission to be held within 45 days after acceptance of a complete application. Notice of the time, place, and purpose of such hearing shall be given by publication as a Class 2 notice in conformance with the requirements of Wis. Stats. § 62.23 (7)(d). The city clerk shall also send said notice to the applicant.

(f)

Public hearing and recommendation. The plan commission shall hold a public hearing on any proposed amendments to the official zoning map. Following the public hearing, and after consideration of comments provided therein, the plan commission shall review the proposed amendment to the official zoning map and shall within 45 days of the public hearing make a recommendation to the city council that the application be granted as requested, modified, or denied. If the plan commission fails to make a recommendation within this timeframe, the proposed amendment shall be forwarded to the city council without recommendation. Such deadline may be extended by written or electronic agreement from the applicant.

(g)

Review criteria for amendments. The plan commission and city council shall utilize the following criteria when reviewing each application to amend official zoning map:

(1)

Is the proposed rezoning consistent with the comprehensive plan?

(2)

Does the rezoning further the purpose and intent of this chapter?

(3)

Does the rezoning address any of the following that are not properly addressed on the current official zoning map?

a.

A mistake was made in mapping on the official zoning map. That is, an area is or has developed in a manner and purpose different from that for which it is mapped. If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the city may intend to stop an undesirable land use pattern from being perpetuated.

b.

Factors have changed, such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes, making the subject property more appropriate for a different zoning district.

c.

Growth patterns or rates have changed, thereby creating the need for a rezoning.

(4)

Does the proposed zoning district maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

(5)

For applications to rezone land to a multi-family, commercial or industrial zoning district, is, or will there be, adequate public infrastructure available to accommodate the range of uses allowed in that zoning district?

(h)

City council action. The city clerk shall schedule the proposed amendment for potential city council action. After careful consideration of all comments, the city council shall within 120 days of submittal of a complete application, act to approve or reject the proposed amendment, unless extended by written or electronic agreement of the applicant. Failure of the council to act within 120 days of submittal of a complete application (unless said deadline is extended by agreement of the applicant) shall constitute disapproval of the application as presented.

(i)

Effect of denial. No application that has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the plan commission.

(j)

Fee. A fee may be required for this procedure, as set forth in the city's fee schedule.

(Ord. of 7-13-2021(5), § 1)

There is hereby created a city plan commission in the city.

(Code 1986, § 10.01(1))

(a)

The city plan commission shall consist of the mayor, who shall be its presiding officer, two alderpersons, the public works administrator and three citizens.

(b)

The alderperson members of the commission shall be elected by a two-thirds vote of the council, upon the creation of the commission, and during each April thereafter.

(c)

The three citizen members shall be appointed by the mayor, upon the creation of the commission, to hold office for a period ending one, two and three years, respectively, from the succeeding May 1, and thereafter annually during April one such member shall be appointed for a term of three years.

(Code 1986, § 10.01(2)—(4))

Such city plan commission shall have the functions, powers, and duties as provided in Wis. Stats. § 62.23.

(Code 1986, § 10.01(6))

(a)

A board of appeals is hereby established. The board of appeals shall consist of five members and two alternates appointed by the mayor, subject to confirmation by the common council, for three years, except that of those first regular members appointed one shall serve for one year, two for two years, and two for three years. The first alternate member shall act with full power, only when a member of the board of appeals refuses to vote because of a conflict of interest or is absent. The second alternate member shall so act only when the first alternate member refuses or is absent or when more than one regular member of the board so refuses or is absent. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. Members may only be removed by the mayor for cause upon written charges and after public hearing.

(b)

[Per diem.] Members of the board of appeals shall receive a per diem of $50.00 per meeting attended.

(Code 1986, § 10.07(1); Ord. of 9-13-2016(2), § 1)

(a)

Board rules. The board of appeals shall adopt rules for its government and procedure. Meetings of the board of appeals shall be held at the call of the chair and at such other times as the board of appeals may determine. The chair, or in the chair's absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(b)

Quorum. If a quorum is present, the board of appeals may take action by a majority vote of the members present.

(c)

Resubmission. No appeal or petition which has been dismissed or denied shall be considered again within six months of the board of appeal's decision except by a motion to reconsider made by a member voting with the majority or as provided in subsection (d) of this section.

(d)

Rehearing. No rehearing shall be held except by the affirmative vote of four or more members of the board of appeals upon finding that substantial new evidence is submitted which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing and shall recite the reasons for the request and be accompanied by necessary data and diagrams. Rehearings shall be subject to the same requirements of notice as original hearings.

(Code 1986, § 10.07(2); Ord. of 9-13-2016(2), § 2)

The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of appeals and shall be a public record.

(Code 1986, § 10.07(3))

(a)

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeals shall be taken within a reasonable time, as provided by the rules of the board of appeals, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken.

(b)

The board of appeals shall publish notice of the hearing, specifying the time, place and subject matter as a class 1 notice, under Wis. Stats. ch. 985, together with notice in writing by first class mail, to the last known address of all persons adjoining the premises affected by such hearing.

(c)

The board of appeals shall conduct such hearing. The board of appeals shall render its decision within 30 days after any appeal has been filed with it.

(Code 1986, § 10.07(4); Ord. of 9-13-2016(2), § 3)

The zoning board of appeals shall have the following powers:

(1)

To hear and decide appeals where it is alleged that the building inspector or zoning administrator has made an erroneous finding or order.

(2)

To hear and decide upon appeal in specific cases such variance from the terms of the land use regulation ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(3)

The board of appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision, or determination appealed from as in its opinion ought to be made, and to that end shall have all the power of the building inspector or zoning administrator. The grounds of every determination shall be stated and recorded.

(4)

The board of appeals may specify an expiration date for any variance granted such that the action authorized by the variance must be commenced or completed or else the variance will have expired. If the board of appeals does not otherwise specify an expiration date, the expiration date shall be one year from the time of the granting of the variance by the board of appeals for the action authorized by such variance to be completed.

(Code 1986, § 10.07(5); Ord. of 9-13-2016(2), § 4)

No building shall hereafter be erected, moved or structurally altered until a building permit therefor shall have been applied for and issued.

(Code 1986, § 10.06(1)(b))

All applications for a building permit shall be accompanied by plans, showing the location, actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed or existing building and accessory buildings, the lines within which the building shall be erected, altered or moved, the existing and/or intended use of each building or part of a building, the number of families the building is intended to accommodate, and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this article.

(Code 1986, § 10.06(1)(c))

The lot and the location of the building thereon shall be staked out on the ground before construction is started.

(Code 1986, § 10.06(1)(d))

It shall be the duty of the building inspector or zoning administrator, with the aid of the police department, to enforce the provisions of this article.

(Code 1986, § 10.06(1)(a))

(a)

Whenever any petitioner, other than the city or any of its agencies in its or their official capacity, shall petition for a change of zone or for any amendment of this chapter or the change of district boundaries, or shall appeal any matter to the zoning board of appeals, the petitioner shall be required, as a condition precedent to receiving such petition or appeal, to deposit with the city clerk/treasurer a sum determined by the city to be sufficient to pay for all costs of publishing or serving notices of hearing thereon and any other disbursements required in hearing the same.

(b)

Such amount deposited shall be used to pay all of such costs regardless of the outcome of said petition or appeal. Any excess shall be refunded to the depositor at the final termination of the proceedings on said petition or appeal.

(Code 1986, § 10.06(2))

Applications for a change in zone, conditional use or variance from the terms of this chapter shall be made to the common council who shall refer the request to the plan commission or board of appeals.

(Code 1986, § 10.06(3))